Terms & Conditions
Last Updated: September 27, 2022
Agreement to Terms & Conditions
You agree to indemnify, defend, and hold harmless Brick & Batten, Inc and any of its directors, officers, agents, and employees from any loss, cost, liability, claim, cause of action, and expense (including attorneys’ fees and litigation costs) of any kind arising out of or relating to, in any way, directly or indirectly,(a) your violation of these Terms and Conditions or (b) the User Content, including but not limited to infringement or misappropriation of the rights of any third parties.
If you have purchased a design from Brick & Batten, Inc, you may, during the first 6 months after receiving the design, receive one (1) free revision on your design. The one free revision may include any elements as identified or described on the Brick & Batten, Inc Free Revision Form. Any additional revisions or revisions requested after 6 months will be subject to additional charges.
It is possible that after 12 months, the original design file may not be accessible. If you would like to request a revision after 12 months, please email firstname.lastname@example.org with your request and a team member will determine whether your file is accessible. If it is not accessible, then a new order will need to be placed.
Use of Website and Mobile Site
Use of our website must be consistent with the intended use, and is not for any illegal or unauthorized purposes. The content of our website is the intellectual property of Brick & Batten, Inc. You may not adapt, download, copy, reproduce, sell or distribute any of our content, including, but not limited to, code, creative content, pictures or images, logos, characters, or copy of any content of our website.
Limitation of Liability
Brick & Batten, Inc is not liable to you or any third party for consequential, incidental, or punitive damages, expenses or losses related to your use of our site, our consultation/ advice, or our products sold regardless of any warranties or disclaimers. You agree that Brick & Batten, Inc’s total liability under this agreement is capped at the amount you paid for your order.
Brick & Batten, Inc DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES NOT SET FORTH IN THESE TERMS, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge any products or services received from Brick & Batten, Inc are provided “as is where is” and you disclaim all warranties and representations.
Third Party Referrals
By using Brick & Batten, Inc’s website, mobile site or purchasing any products or services you agree that Brick & Batten, Inc may provide your information and information regarding your design to third parties. To the extent that Brick & Batten, Inc (a) refers you to any third party or (b) provides your information to a third party (collectively a “Referral”); in order for such third party to provide you services or products, you agree that such Referral is made without representation or warranty regarding the third party and the service or goods which they may provide. You agree to do your own due diligence regarding such third party and the services and goods to be provided. You agree that you shall have no recourse against Brick & Batten, Inc for a Referral or the products and services provided by such third party. Additionally, you acknowledge that in some cases, Brick & Batten, Inc may be compensated for Referrals and you agree that you are not entitled to any such compensation.
Brick & Batten, Inc recommends testing all colors and viewing all samples before painting or making changes to your home’s exterior. Actual colors of paint, siding, wood, stone, stucco, brick, or other cladding materials may vary. Every computer monitor has different capability to display different colors and everyone sees colors differently. We cannot guarantee the color you see in the Brick & Batten, Inc design accurately portrays the true color of the paint or home exterior material. Images submitted may be adjusted for exposure, brightness, sharpness, etc. at the discretion of Brick & Batten, Inc. Brick & Batten, Inc suggests testing and getting samples of recommendations, as the design may not reflect the color in your environment. Images may be altered. Trees, brush, landscape, cars, bikes, boats, dumpsters, etc. may or may not be removed to display image accurately. We cannot guarantee every part of the photo will be altered. You acknowledge that Brick & Batten, Inc is only providing a design rendering for your real property. You agree we are not providing advice or consulting on the suitability of any product, construction or redevelopment of your real property. You agree that it is your responsibility to consult with the appropriate architects, engineers and construction personnel regarding any proposed redesign or construction and Brick & Batten, Inc bears no liability regarding the suitability of any construction or redesign on your real estate.
Ownership of Designs
All materials created or altered by Brick & Batten, Inc, including but not limited to photo and digital files, shall be the exclusive property of Brick & Batten, Inc.
Right to Refuse
All inquiries, contact, and purchases made through our website and/ or mobile site are an offer to engage in communication or transaction with you, and we reserve the right to refuse any such interaction at any time.
Payment and Delivery Information provided for contact or purchasing purposes, including any personal information or credit card information, must be accurate and complete. Any purchases made on our website will be charged in full upon purchase unless otherwise noted. We do not guarantee delivery at any specific time and are not responsible for delays in shipment or delivery.
Prices listed on our website and mobile site are subject to change and do not include any taxes or additional fees, if applicable. We do NOT OFFER REFUNDS after orders are placed and under no circumstances may orders be cancelled. This includes designs that are in process or that have been completed and/or delivered. All payments are due at the time the order is placed. Any errors in pricing due to mathematical, typographical or invoice discrepancy, or errors in description, dimensions, color, availability or other specifications may be subject to correction. We do not guarantee the accuracy, completeness, consistency or reliability of any information provided, and do not guarantee that updates pertaining to any content, images or product description and/ or details are current. We reserve the right to edit any inaccuracies.
Brick & Batten, Inc shall not be liable for any delay or failure in delivery resulting from all causes beyond its control, including, but not limited to earthquakes, fires, floods, acts of terrorism, strikes or other labor disputes, shortage of labor or materials, accidents to machinery, acts of sabotage, riots, delay in or lack of transportation, export and import restrictions or the requirements of any government authority.
These Terms & Conditions were last updated on September 27, 2022. These Terms & Conditions may be changed or updated at any time and will be posted here for your reference. Continued use of this website following the posting of updated Terms & Conditions constitutes acceptance of all changes included therein.
These Terms & Conditions and any actions related thereto shall be governed in accordance with the laws of the State of Georgia without regard to its conflict of law provisions. The Federal and States Courts residing in Georgia shall have the jursidction to determine any dispute under these Terms and Conditions and you agree to submit to the jurisdiction of such courts.
No failure or delay by Brick & Batten, Inc in exercising any right and no course of dealing shall operate as a waiver of rights by Brick & Batten, Inc.
These terms shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. You may not assign your rights hereunder without Brick & Batten, Inc’s written consent, but Brick & Batten, Inc may assign its rights and obligations hereunder to a successor to substantially all of its assets and business (whether as a result of a sale of equity or assets or by merger).
Brick & Batten, Inc may subcontract any of its obligations hereunder.
If any provision hereof is rendered ineffective or invalid, such provision shall not invalidate any other provision.
All claims hereunder against Brick & Batten, Inc are subject to setoff by Brick & Batten, Inc for any claim arising out of any transaction with you.
Third Party Beneficiary
There are no intended or unintended third-party beneficiaries of these Terms and Conditions.